SUSHILA VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This is a Criminal Misc. Petition under Sec. 482 of the Crimial P.C. against the order dated 4.12.2012, passed by the Additional Chief Judicial Magistrate, Sojat in F.I.R. No. 272/2012 registered at Police Station Sojat city, District Pali, vide which, he dismissed the application filed by the Investigating Officer for sending the original documents to the F.S.L. lying in the Court of Additional District Judge, Sojat.

(2.) The brief facts of the case are that the petitioner filed a criminal complaint before the Court of Learned Additional Chief Judicial Magistrate, Sojat (hereinafter referred to as Learned "Trial Court") alleging that she entered into an agreement to sale for land with B. Nemichand Marlecha and Jagdish Chandra Sen (accused) way back on 1.5.2001, which could not be performed and the amount was undisputedly returned by the accused since the said agreement was cancelled. On 14.5.2008, the complainant made a de novo sale with Vinod Kumar, Nirmal Kumar etc, 14 people vide registered sale deed. The accused, with all intentions, created two forged documents with forged signatures of the petitioner dated 8.4.2009 in order to gain under benefits to themselves and to detriment and losses to the petitioner.

(3.) The accused were enlarged on bail by the Court of learned Additional Sessions Judge, Sojat vide his order dated 3.10.2012, wherein it was observed that till the F.S.L. report of the disputed documents dated 8.4.2009 is received, the accused shall not be arrested and if the F.S.L. indicates the signature of the petitioner to be forged one, the accused will have liberty to move a fresh bail application.